TORTS OUTLINE
I. INTENTIONAL TORTS
§ Intent refers to either a person’s desire that certain consequences result from his actions or (even if he doesn’t intend those results) his knowledge that those results are substantially certain to occur as a result of his actions.
§ Transferred intent arises when you intend to commit a tort against one person, but injury to another results instead. For intentional tort purposes, your intent will be deemed to be transferred from your intended victim to the actual one.
§ D has the burden to assert all affirmative defenses.
A. BATTERY
1. * Intentional touching
2. * Harmful or offensive to a reasonable sense of personal dignity
a. Time, place, circumstances, and relations will determine whether the touching is offensive to a reasonable sense of personal dignity.
b. Certain touchings of people are customary and are not offensive to the reasonable person. The conditions of the stairway of the high school during the fire drill are much like customary touching in a crowded world.
3. * No consent
4. Battery protects the dignitary interest that you have in your physical person.
a. Does not require direct physical contact.
b. Battery toward something in your hand may be offensive because that something (ex. a plate) is an immediate extension of one’s physical person. Snatching a plate from somebody is considered offensive to a reasonable sense of personal dignity. (Black hotel guest w/ plate)
5. A person may still be liable for battery even if he/she is not aware they are victim to battery at the time.
a. Ex. sleeping woman on park bench is kissed, later can sue for battery if she satisfies the other elements of battery.
B. ASSAULT
1. *Intent to cause apprehension
2. * Of receiving immediate battery
3. * Caused by the D
4. * Where there is an apparent ability to do so.
a. Did the boss have the ability to reach the female customer over a deep desk?
5. Apprehension of receiving immediate battery must be reasonable unless the D knows that the P is a highly sensitive person who is going to apprehend an immediate battery in circumstances where others would normally not.
6. Transferred Intent
a. In the case of a secondary or extended assault, the D may be held liable if his misconduct is directed at a third person but miscarries so that it is the P who apprehends the immediate battery.
7. P must be apprehend the immediate battery at the time of D’s conduct
a. Ex. P who does not see a D trying to punch her in the back has no assault claim
paired.
5. FI includes the failure to release someone when there is a duty to release him/her.
a. Jailer has duty to release prisoner when his/her sentence is up.
b. Officer has duty to present the P with legal opportunities for release (ex. take him to his bond hearing, court dates)
6. Promise to Release
a. A D who induces a person to accept confinement in reliance on a promise to end the confinement on demand but refuses to may be held liable for FI.
7. “False Arrest”
a. False arrest describes the setting for false imprisonment when it is committed by an officer. Police officers must have a valid arrest warrant or have probable cause to make a valid arrest!
b. If you are convicted of the crime for which you were arrested, whether the arrest was proper or not (probable cause), it is a complete defense to any FA charges.
c. Dog leash ordinance/failure to show driver license. Enright
8. Confinement
a. Confinement for “any appreciable time, however short” is actionable.
P is not permitted to go beyond boundaries fixed by the D.
